Title: Section 155.109 - Bedford Farms Water Co., Inc.

155.109 Bedford Farms Water Co., Inc. (a) Application. The rules and regulations hereinafter set forth, duly made and enacted in accordance with the provisions of sections 1100-1107 of the Public Health Law shall apply to the wells which comprise the source of the public water supply of the Bedford Farms Water Co., Inc., Westchester County, New York. Said wells are located on land owned by Bedford Farms Water Co., Inc. and are situated approximately one-half mile south of the Bedford Village Green, at the intersection of Route 22 and the Farms Road.

(b) Definitions. (1) Chloride salt shall mean the solid compounds or solutions of potassium chloride (commonly used as fertilizer), calcium chloride (commonly used for winter road maintenance) or sodium chloride (commonly used for water-softener regeneration).

(2) Human excreta shall mean human feces and urine.

(3) Junkyard shall mean an area where two or more unregistered, old or secondhand motor vehicles are being accumulated for purposes of disposal, resale of used parts or reclaiming certain materials such as metal, glass, fabric, and/or the like.

(4) Linear distance shall mean the shortest horizontal distance from the nearest point of a structure or object to the well.

(5) Radioactive material shall mean any material in any form that emits radiation spontaneously.

(6) Refuse shall mean all putrescible and nonputrescible solid wastes including garbage, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal and solid commercial and industrial wastes.

(7) Refuse disposal area shall mean land used for the depositing of refuse except that it shall not include the land used for the depositing of refuse from a single family, a member of which is the owner, occupant or lessee of said land, or any part of a farm on which only animal wastes resulting from the operation of such farm are deposited.

(8) Sewage shall mean the waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry machine, or the water-carried waste from any other fixture or equipment or machine.

(9) Toxic chemical shall mean any compound or substance which is or may be poisonous to humans.

(10) Water supply shall mean the public water supply of the Bedford Water Co., Inc., Westchester County, New York.

(11) Well shall mean the wells now used as a source of this public water supply or to any additional well which may be constructed at this point as a source for this public water supply.

(c) General prohibition. No person, including State agencies or political divisions having jurisdiction, shall perform any act or grant any permit or approval which may result in the contravention of the standards for raw water quality as contained in Part 170 of this Chapter.

(d) Specific prohibitions. (1) Cemeteries. No interment of a human body shall be made within a linear distance of 250 feet.

(2) Chloride salt. No chloride salt storage area shall be located within a linear distance of 500 feet except in weatherproof buildings or watertight vessels.

(3) Human excreta and sewage. (i) No privy, privy vault, pit or other receptacle of any kind for either the temporary storage or the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within a linear distance of 100 feet.

(ii) No human excreta shall be deposited or spread upon or beneath the surface of the ground within a linear distance of 100 feet.

(iii) Sewage. No sewage or polluted liquid of any kind shall be discharged or allowed to flow on or beneath the surface of the ground (except into watertight pipes connected to a sewage disposal system, a permit for which shall have been granted by the appropriate State agency having jurisdiction over such facility) within a linear distance of 100 feet. It is provided, however, that no such watertight pipe shall be located within a linear distance of 15 feet of the well.

(4) Radioactive material. No radioactive material in excess of the quantity listed for said material in Table 4, Appendix 1, Part 16 of this Title shall be disposed of by burial in soil within a linear distance of 500 feet.

(5) Solid waste. (i) Junkyards. No junkyard shall be located within a linear distance of 250 feet.

(ii) Refuse. No refuse shall be deposited on or beneath the surface of the ground within a linear distance of 250 feet.

(iii) Refuse disposal area. No refuse disposal area shall be located within a linear distance of 500 feet.

(6) Toxic chemicals. No container used for the storage of gasoline, kerosene, fuel oil, diesel oil or toxic chemicals shall be buried beneath the surface of the ground within a linear distance of 500 feet.

(7) Trespassing. No trespassing shall be allowed upon the property of the Bedford Farms Water Co., Inc. upon which the well is located and no person or persons shall enter in or upon such property except the person or persons as may be charged with the maintenance of the supply in the official performance of their duties of supervision or maintenance of the supply or except such other persons as may be authorized to enter said property by the Bedford Farms Water Co., Inc. (e) Inspections. The board of directors, or any person or persons as may be charged with the maintenance or supervision of the water supply, shall make regular and thorough inspections of the area surrounding the well as to ascertain whether this Part is being complied with. It shall be the duty of the aforesaid board of directors to cause copies of any rules and regulations violated to be served upon the persons violating the same together with notices of such violations. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the aforesaid board of directors to promptly notify the State Commissioner of Health of such violations. The aforesaid board of directors shall report to the State Commissioner of Health in writing annually, prior to the 30th day of January, the results of the regular inspections made during the preceding year. The report shall state the number of inspections which were made, the number of violations found, the number of notices served, the number of violations abated and the general condition of the area surrounding the well at the time of the last inspection.

(f) Penalties for violations. Penalties for violations shall be in accordance with section 1103 of the Public Health Law.
 

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VOLUME B (Title 10)

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